What Kinds of Accidents Can Lead to Wrongful Death Claims?

 Posted on January 13, 2025 in Wrongful Death

News stories are full of different kinds of accidents every day. For example, a six-car pileup on I-10 happened on January 9. Many times, these articles focus on the resulting traffic delays rather than the injuries that were sustained. Other stories may report construction, workplace, and sports accidents and injuries. When these injuries prove to be fatal, more notice is taken.

When an accident caused by another party’s negligence claims the life of someone you love, you could receive compensation through wrongful death and survival actions. A compassionate El Paso, TX personal injury attorney can ensure your best interests are protected.

Are Traffic Fatalities the Only Ones That Qualify for Wrongful Death?

There have already been traffic fatalities in El Paso in the short amount of time since 2025 began. On January 7, a woman was hit by an apparently distracted driver in the parking lot of a gas station. Although the victim was airlifted and transported to a nearby hospital, she died from her injuries. On the same day, another man died from injuries sustained in a head-on collision, and an additional person was injured.

Traffic fatalities may be more common, but other types of incidents can also give eligible survivors grounds for wrongful death and survival actions, such as:

• Medical malpractice

• Intentional assaults

• Workplace accidents

• Public transit accidents

• Premises liability incidents

• Defective products

If you believe you qualify to file a claim, the best way to verify is by contacting James Kennedy, P.L.L.C. to discuss your situation. We can assess your eligibility and explain your options.

Are Wrongful Death and Survival Actions the Same?

Although both types of claims are typically filed after a fatality, the eligible damages in each are different. Suppose your spouse was severely injured by someone else’s negligence or intentional action. Despite the best efforts of medical professionals, he later died from his injuries. The unsuccessful treatment may have caused him excruciating pain and resulted in staggeringly high medical bills.

If your spouse had survived, he could have filed a personal injury claim to recover financial losses and compensation for his pain and suffering. Although he died, his claim’s validity survived. Funeral and burial expenses can also be added to these damages. Texas laws govern who can file a survival action on behalf of a deceased person. The list includes a surviving spouse, child, or parent. In some situations, a victim’s estate administrator or personal representative can also file a claim.

Wrongful death claim damages do not reflect the deceased person’s expenses or losses. Instead, they address the losses experienced by his immediate family. These damages could include:

• Loss of inheritance

• Loss of income and benefits, such as healthcare insurance

• Loss of companionship, services, guidance, and instruction

• Mental and emotional trauma the surviving family experiences as a result of the death

Although you deserve compensation, that does not mean the liable insurance company will offer you a reasonable amount. You need an experienced lawyer to handle your claims for compensation while you grieve.

Verify Your Eligibility by Speaking With an El Paso County, TX Wrongful Death Lawyer

When a senseless accident takes your loved one’s life, James Kennedy, P.L.L.C. can help you hold the at-fault party responsible. The money you could receive will not replace your family member, but it can provide for your family as you adjust. Call 915-544-5200 or contact us online today to schedule your free case review with one of our dedicated Sierra Blanca, TX personal injury attorneys. Se Habla Español.